With the revolution of 5.0 opening up in the trend of focusing on “cooperation” between humans and machines, human intelligence working in harmony with “cognitive computing”, the software industry today plays an increasingly important role in all activities of social life. In order to help authors and software owners have a complete view of computer software copyright registration Viet An Law synthesizes legal contents related to Copyright registration for software in Vietnam for your reference.
Legal basis for copyright registration for software in Vietnam procedures
- Law on Intellectual Property 2005, revised in 2009, 2019, 2022.
- Decree No. 22/2018/ND-CP dated February 23, 2018.
- Decree No. 17/2023/ND-CP dated April 26, 2023.
Some questions related to copyright registration for software in Vietnam
Who has the right to copyright computer software?
According to the provisions of Article 14 of the Intellectual Property Law, the author, the owner of the software has the right to register the software copyright. Accordingly, the software owner can register the software copyright in Vietnam. Nam: individual or organization being Vietnamese; foreign individuals and organizations. However, when foreign individuals or organizations register software copyrights in Vietnam, they must carry out procedures through a Copyright Representative Organization in Vietnam such as Viet An Law.
Is software copyright required?
The law does not require the author, the software owner to register the software copyright, but the author and the software owner should register the copyright for their software because when they have been granted the Copyright Registration Certificate If there is a dispute, the owner or author of the software will have no obligation to prove that the copyright belongs to him or her in the event of a dispute, unless there is evidence to the contrary.
Where is the software copyright registration certificate valid?
Intellectual property rights in general and copyright to software in particular are limited to the national territory. Accordingly, if the author or owner of the work has been granted a software copyright registration certificate, it will be protected throughout the territory of Vietnam.
Reasons for software copyright registration
- Although the registration of a software copyright (computer program) is not mandatory, it is the basis for determining when copyright arises, the owner’s rights to computer software. Copyright registration of computer software is an effective solution to maximize the protection of copyright, related rights and legal ownership of software owners.
- The author, the owner of the work that has been granted the Copyright Registration Certificate, will not be obliged to prove that the copyright belongs to them in the event of a dispute, unless there is evidence to the contrary.
- A computer software copyright registration certificate is the basis for proving who created the software before a dispute occurs.
- In addition, at present, software companies sometimes have conflicts between software authors and software owners, ie between employees and the company, the registration of computer software copyright is also the basis for determining rights between the creator of the software and the software owner who is the company.
- Therefore, carrying out copyright registration procedures for computer software is to protect the legitimate interests of the author and owner and minimize risks arising in the future.
Dossier for copyright registration for software in Vietnam
- Power of attorney (according to the form of Viet An Law Firm);
- Identity card/citizen identitfication of the author (Notarized copy);
- The author’s commitment to the honesty in the process of creating software (Viet An Law drafted according to the information provided by the customer);
- Written consent of the co-authors (if there are many authors) (Viet An Law prepares according to the information provided by the client);
- Written consent of the co-owners (if there are many owners) (Viet An Law drafted according to the information provided by the client);
- Business registration certificate (Notarized copy);
- Code printout;
- Operational description of the software;
- Two (02) CDs of software content: Computer software (installation); A written description of the software; Computer software code sets;
- Copyright purchase contract and written consent for the registration of arising software works (if any).
In addition to the above documents, when registering a computer software copyright, the author and the software owner need to provide the following additional information:
- Software completion time (this information is essential to prevent future disputes, if any);
- Software Disclosure Information: Where has the software been published? If announced, clearly state the time of publication, form of publication, etc.
Time limit for software copyright registration
Registration time limit: 30 working days.
Term of copyright protection for software
- The moral rights of the author include: The right to name the work; The right to have real or pseudonymous names on the work; be given a real name or a pseudonym when the work is published or used; The right to protect the integrity of the work, to prevent others from modifying, mutilating or distorting the work in any way that is detrimental to the honor and reputation of the author is protected indefinitely.
- The right to publish the work or permit others to publish the work and the property rights have the following term of protection: The copyright certificate for the software has a term of protection for the life of the author and 50 years next year the author died; in the case of software with co-authors, the term of protection terminates in the 50th year after the year of death of the last co-author;
Steps to register computer software copyright
- Step 1: Customers provide the above information to Viet An Law;
- Step 2: Viet An Law prepares documents and sends clients to sign:
- Step 3: The client returns the file to Viet An Law Firm
- Step 4: On behalf of Viet An Law, submit the dossier at the Copyright Office;
- Step 5: After at least 30 working days, the result is the Copyright Certificate for the software, return to the customer and liquidate the service.
Competent authority to register software copyright in Vietnam
Individuals and organizations shall submit dossiers for copyright registration in the following forms:
Submit directly to the Copyright Office at the following addresses:
- Copyright Office: No. 33 Alley 294/2 Kim Ma, Ba Dinh, Hanoi, City. Hanoi.
- Representative office in Ho Chi Minh: No. 170 Nguyen Dinh Chieu, Ward 6, District 3, City. Ho Chi Minh.
- Representative office in Da Nang: No. 58 Phan Chu Trinh, Hai Chau District, Da Nang City.
Submit by post to the following addresses: Copyright Office No. 33 Alley 294/2 Kim Ma, Ba Dinh, Hanoi.
Online submission: Online public service portal: http://dichvucong.gov.vn/
Viet An Law Firm provides legal services related to computer software copyright registration, interested customers, please contact directly for the best advice and support.
